(a) This part contains the procedures established by the Department
of Housing and Urban Development for the investigation and conciliation
of complaints under section 810 of the Fair Housing Act, 42 U.S.C.
3610.

(b) This part applies to:

(1) Complaints alleging discriminatory housing practices because
of race, color, religion, sex or national origin; and

(2) Complaints alleging discriminatory housing practices on
account of handicap or familial status occurring on or after March 12,
1989.

(c) Part 180 of this chapter governs the administrative proceedings
before an administrative law judge adjudicating charges issued under
§ 103.405.

(d) The Department will reasonably accommodate persons with
disabilities who are participants in complaint processing.

In addition to the Fair Housing Act, other civil rights authorities
may be applicable in a particular case. Thus, where a person charged
with a discriminatory housing practice in a complaint filed under
section 810 of the Fair Housing Act is also prohibited from engaging in
similar practices under title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d--2000d--5), section 109 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5309), Executive Order 11063 of
November 20, 1962, on Equal Opportunity in Housing (27 FR 11527--11530,
November 24, 1962), section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794), the Age Discrimination Act (42 U.S.C. 6101) or other
applicable law, the person may also be subject to action by HUD or
other Federal agencies under the rules, regulations, and procedures
prescribed under title VI (24 CFR parts 1 and 2), section 109 (24 CFR
570.602)), Executive Order 11063 (24 CFR part 107), section 504 (24 CFR
part 8), or other applicable law.

[Codified to 24 C.F.R.
§ 103.5]

§ 103.9 Definitions.

The terms Fair Housing Act, General Counsel, and
HUD are defined in 24 CFR part 5.

Aggrieved person includes any person who:

(a) Claims to have been injured by a discriminatory housing
practice; or

(b) Believes that such person will be injured by a discriminatory
housing practice that is about to occur.

Complainant means the person (including the Assistant
Secretary) who files a complaint under this part.

Conciliation means the attempted resolution of issues
raised by a complaint, or by the investigation of a complaint, through
informal negotiations involving the aggrieved person, the respondent,
and the Assistant Secretary.

Conciliation agreement means a written agreement setting
forth the resolution of the issues in conciliation.

Discriminatory housing practice means an act that is
unlawful under section 804, 805, 806 or 818 of the Fair Housing Act, as
described in part 100.

Dwelling means any building, structure, or portion
thereof which is occupied as, or designed or intended for occupancy as,
a residence by one or more families, or any vacant land which is
offered for sale or lease for the construction or location thereon of
any such building, structure, or portion thereof.

Personal service means handing a copy of the document to
the person to be served or leaving a copy of the document with a person
of suitable age and discretion at the place of business, residence or
usual place of abode of the person to be served.

Receipt of notice means the day that personal service is
completed by handing or delivering a copy of the document to an
appropriate person or the date that a document is delivered by
certified mail.

Respondent means:

(a) The person or other entity accused in a complaint of a
discriminatory housing practice; and

(b) Any other person or entity identified in the course of
investigation and notified as required under § 103.50.

State means any of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, or any of the territories
and possessions of the United States.

Substantially equivalent State or local agency means a
State or local agency certified by HUD under
24 CFR part 115 (including
agencies certified for interim referrals).

To rent includes to lease, to sublease, to let, and
otherwise to grant for consideration the right to occupy premises not
owned by the occupant.

§ 103.10 What can I do if I believe someone is discriminating
against me in the sale, rental, finance, or advertisement of housing?

You can notify HUD if you believe there has been discrimination
against you in any activity related to housing because of race, color,
religion, national origin, sex, disability, or the presence of children
under the age of 18 in a household.

HUD's Office of Fair Housing and Equal Opportunity can help you in
filing a claim, if you contact them directly. You, or anyone who acts
for you, may also ask any HUD office or an organization, individual, or
attorney to help you.

(a) Your name, address, and telephone numbers where you can be
reached;

(b) The name and address of the persons, businesses, or
organizations you believe discriminated against you;

(c) If there is a specific property involved, you should provide
the property's address and physical description, such as apartment,
condominium, house, or vacant lot; and

(d) A brief description of how you were discriminated against in an
activity related to housing. You should include in this description the
date when the discrimination happened and why you believe the
discrimination occurred because of race, color, religion, national
origin, sex, disability, or the presence of children under the age of
18 in a household.

§ 103.30 How should I bring a claim that I am the victim of
discrimination?

(a) You can file a claim by mail or telephone with any of HUD's
Offices of Fair Housing and Equal Opportunity or with any State or
local agency that HUD has certified to receive complaints.

(b) You can call or go to any other HUD office for help in filing a
claim. These offices will send your claim to HUD's Office of Fair
Housing and Equal Opportunity, which will contact you about the filing
of your complaint.

(a) Yes, you must notify us within one year that you are a victim
of discrimination. If you indicate that there is more than one act of
discrimination, or that the discrimination is continuing, we must
receive your information within one year of the last incident of
discrimination.

§ 103.100 Notification and referral to substantially equivalent
State or local agencies.

(a) Whenever a complaint alleges a discriminatory housing practice
that is within the jurisdiction of a substantially equivalent State or
local agency and the agency is certified or may accept interim
referrals under 24 CFR part
115 with regard to the alleged discriminatory housing practice,
the Assistant Secretary will notify the agency of the
filing
of the complaint and
refer the complaint to the agency for further processing before HUD
takes any action with respect to the complaint. The Assistant Secretary
will notify the State or local agency of the referral by certified
mail.

(b) The Assistant Secretary will notify the aggrieved person and
the respondent, by certified mail or personal service, of the
notification and referral under paragraph (a) of this section. The
notice will advise the aggrieved person and the respondent of the
aggrieved person's right to commence a civil action under section 813
of the Fair Housing Act in an appropriate United States District Court,
not later than two years after the occurrence or termination of the
alleged discriminatory housing practice. The notice will state that the
computation of this two-year period excludes any time during which a
proceeding is pending under this part or
part 180 with respect to
complaint or charge based on the alleged discriminatory housing
practice. The notice will also state that the time period includes the
time during which an action arising from a breach of a conciliation
agreement under section 814(b)(2) of the Fair Housing Act is pending.

A referral under § 103.100 does not prohibit the Assistant
Secretary from taking appropriate action to review or investigate
matters in the complaint that raise issues cognizable under other civil
rights authorities applicable to departmental programs (see
§ 103.5).

The Assistant Secretary may reactivate a complaint referred under
§ 103.100 for processing by HUD if:

(a) The substantially equivalent State or local agency consents or
requests the reactivation;

(b) The Assistant Secretary determines that, with respect to the
alleged discriminatory housing practice, the agency no longer qualifies
for certification as a substantially equivalent State or local agency
and may not accept interim referrals; or

(c) The substantially equivalent State or local agency has failed
to commence proceedings with respect to the complaint within 30 days of
the date that it received the notification and referral of the
complaint; or the agency commenced proceedings within this 30-day
period, but the Assistant Secretary determines that the agency has
failed to carry the proceedings forward with reasonable promptness.

(a) Whenever a complaint referred to a State or local fair housing
agency under § 103.100 is reactivated under § 103.110, the
Assistant Secretary will notify the substantially equivalent State or
local agency, the aggrieved person and the respondent of HUD's
reactivation. The notification will be made by certified mail or
personal service.

(b) The notification to the respondent and the aggrieved person
will:

(1) Advise the aggrieved person and the respondent of the time
limits applicable to complaint processing and the procedural rights and
obligations of the aggrieved person and the respondent under this part
and part 180.

(2) State that HUD will process the complaint under the Fair
Housing Act and that the State or local agency to which the complaint
was referred may continue to process the complaint under State or local
law.

(3) Advise the aggrieved person and the respondent of the
aggrieved person's right to commence a civil action under section 813
of the Fair Housing Act in an appropriate United States District Court,
not later than two years after the occurrence or termination of the
alleged discriminatory housing practice. The notice will state that the
computation of this two-year period excludes any time during which a
proceeding is pending under this part or part 180 with respect to a
complaint or charge based on the alleged discriminatory housing
practice under part 180. The notices will also state that the time
period includes the time during which an action arising from a breach
of conciliation agreement under section 814(b)(2) of the Fair Housing
Act is pending.

(a) Upon the filing of a complaint under
§ 103.40, the Assistant
Secretary will initiate an investigation. The purposes of an
investigation are:

(1) To obtain information concerning the events or transactions
that relate to the alleged discriminatory housing practice identified
in the complaint.

(2) To document policies or practices of the respondent involved
in the alleged discriminatory housing practice raised in the complaint.

(3) To develop factual data necessary for the General Counsel to
make a determination under
§ 103.400 whether
reasonable cause exists to believe that a discriminatory housing
practice has occured or is about to occur, and for the Assistant
Secretary to make a determination under § 103.400 that no reasonable
cause exists to believe that a discriminatory housing practice has
occurred or is about to occur, and to take other actions provided under
this part.

(b) Upon the written direction of the Assistant Secretary, HUD may
initiate an investigation of housing practices to determine whether a
complaint should be filed under subpart B of this part. Such
investigations will be conducted in accordance with the procedures
described under this subpart.

Upon the filing of a complaint, the Assistant Secretary will notify,
by certified mail or personal service, each aggrieved person on whose
behalf the complaint was filed. The notice will:

(a) Acknowledge the filing of the complaint and state the date that
the complaint was accepted for filing.

(b) Include a copy of the complaint.

(c) Advise the aggrieved person of the time limits applicable to
complaint processing and of the procedural rights and obligations of
the aggrieved person under this part
and part 180.

(d) Advise the aggrieved person of his or her right to commence a
civil action under section 813 of the Fair Housing Act in an
appropriate United States District Court, not later than two years
after the occurrence or termination of the alleged discriminatory
housing practice. The notice will state that the computation of this
two-year period excludes any time during which a proceeding is
pending under this part or part 180 with respect to a complaint or
charge based on the alleged discriminatory housing practice. The notice
will also state that the time period includes the time during which an
action arising
from a breach of a
conciliation agreement under section 814(b)(2) of the Fair Housing Act
is pending.

(e) Advise the aggrieved person that retaliation against any person
because he or she made a complaint or testified, assisted, or
participated in an investigation or conciliation under this part or an
administrative proceeding under part 180, is a discriminatory housing
practice that is prohibited under section 818 of the Fair Housing Act.

(a) Within ten days of the filing of a complaint under
§ 103.40 or the filing of
an amended complaint under § 103.42, the Assistant Secretary will
serve a notice on each respondent by certified mail or by personal
service. A person who is not named as a respondent in a complaint, but
who is identified in the course of the investigation under subpart D of
this part as a person who is alleged to be engaged, to have engaged, or
to be about to engage in the discriminatory housing practice upon which
the complaint is based may be joined as an additional or substitute
respondent by service of a notice on the person under this section
within ten days of the identification.

(b) The Assistant Secretary will also serve notice on any person
who directs or controls, or who has the right to direct or control, the
conduct of another person who is involved in a fair housing complaint.

(a) The respondent may file an answer not later than ten days after
receipt of the notice described in § 103.50. The respondent may
assert any defense that might be available to a defendant in a court of
law. The answer must be signed and affirmed by the respondent. The
affirmation must state: "I declare under penalty of perjury that the
foregoing is true and correct."

(b) An answer may be reasonably and fairly amended at any time with
the consent of the Assistant Secretary.

(a) The Assistant Secretary may conduct an investigation and file a
complaint under this subpart based on information that one or more
discriminatory housing practices has occurred, or is about to occur.

(b) HUD may also initiate compliance reviews under other
appropriate civil rights authorities, such as E.O. 11063 on Equal
Opportunity in Housing, title VI of the Civil Rights Act of 1964,
section 109 of the Housing and Community Development Act of 1974,
section 504 of the Rehabilitation Act of 1973 or the Age Discrimination
Act of 1975.

(c) HUD may also make the information you provide available to
other Federal, State, or local agencies having an interest in the
matter. In making such information available, HUD will take steps to
protect the confidentiality of any informant or complainant when
desired by the informant or complainant.

Where the Assistant Secretary determines that the alleged
discriminatory practices contained in a complaint are pervasive or
institutional in nature, or that the processing of the complaint will
involve complex issues, novel questions of fact or law, or will affect
a large number of persons, the Assistant Secretary may identify the
complaint for systemic processing. This determination can be based on
the face of the complaint or on information gathered in connection with
an investigation. Systemic investigations may focus not only on
documenting facts involved in the alleged discriminatory housing
practice that is the subject of the complaint but also on review of
other policies and procedures related to matters under investigation,
to make sure that they also comply with the nondiscrimination
requirements of the Fair Housing Act.

[Codified to 24 C.F.R.
§ 103.205]

§ 103.215 Conduct of investigation.

(a) In conducting investigations under this part, the Assistant
Secretary will seek the voluntary cooperation of all persons to obtain
access to premises, records, documents, individuals, and other possible
sources of information; to examine, record, and copy necessary
materials; and to take and record testimony or statements of persons
reasonably necessary for the furtherance of the investigation.

(b) The Assistant Secretary may conduct and order discovery in aid
of the investigation by the same methods and to the same extent that
discovery may be ordered in an administrative proceeding under 24 CFR
part 180 , except that the Assistant Secretary shall have the power to
issue subpoenas described in 24
CFR 180.545 in support of the
investigation.
Subpoenas issued by the Assistant Secretary must be approved by the
General Counsel as to their legality before issuance.

The Assistant Secretary, in processing Fair Housing Act complaints,
may seek the cooperation and utilize the services of Federal, State or
local agencies, including any agency having regulatory or supervisory
authority over financial institutions.

[Codified to 24 C.F.R.
§ 103.220]

§ 103.225 Completion of investigation.

The investigation will remain open until a determination is made
under § 103.400, or a
conciliation agreement is executed and approved under
§ 103.310. Unless it is
impracticable to do so, the Assistant Secretary will complete the
investigation of the alleged discriminatory housing practice within 100
days of the filing of the complaint (or where the Assistant Secretary
reactivates the complaint, within 100 days after service of the notice
of reactivation under
§ 103.115). If the
Assistant Secretary is unable to complete the investigation within the
100-day period, HUD will notify the aggrieved person and the
respondent, by mail, of the reasons for the delay.

(a) At the end of each investigation under this part, the Assistant
Secretary will prepare a final investigative report. The investigative
report will contain:

(1) The names and dates of contacts with witnesses, except that
the report will not disclose the names of witnesses that request
anonymity. HUD, however, may be required to disclose the names of such
witnesses in the course of an administrative hearing under part 180 of
this chapter or a civil action under title VIII of the Fair Housing
Act;

(2) A summary and the dates of correspondence and other contacts
with the aggrieved person and the respondent;

(3) A summary description of other pertinent records;

(4) A summary of witness statements; and

(5) Answers to interrogatories.

(b) A final investigative report may be amended at any time, if
additional evidence is discovered.

(c) Notwithstanding the prohibitions and requirements with respect
to disclosure of information contained in
§ 103.330, the Assistant
Secretary will make information derived from an investigation,
including the final investigative report, available to the aggrieved
person and the respondent. Following the completion of investigation,
the Assistant Secretary shall notify the aggrieved person and the
respondent that the final investigation report is complete and will be
provided upon request.

(a) During the period beginning with the filing of the complaint
and ending with the filing of a charge or the dismissal of the
complaint by the General Counsel or the Assistant Secretary, the
Assistant Secretary will, to the extent feasible, attempt to conciliate
the complaint.

(b) In conciliating a complaint, HUD will attempt to achieve a just
resolution of the complaint and to obtain assurances that the
respondent will satisfactorily remedy any violations of the rights of
the aggrieved person, and take such action as will assure the
elimination of discriminatory housing practices, or the prevention of
their occurrence, in the future.

(c) Generally, officers, employees, and agents of HUD engaged in
the investigation of a complaint under this part will not participate
or advise in the conciliation of the same complaint or in any factually
related complaint. Where the rights of the aggrieved party and the
respondent can be protected and the prohibitions with respect to the
disclosure of information can be observed, the investigator may suspend
fact finding and engage in efforts to resolve the complaint by
conciliation.

(a) The terms of a settlement of a complaint will be reduced to a
written conciliation agreement. The conciliation agreement shall seek
to protect the interests of the aggrieved person, other persons
similarly situated, and the public interest. The types of relief that
may be sought for the aggrieved person are described in § 103.315.
The provisions that may be sought for the vindication of the public
interest are described in § 103.320.

(b)(1) The agreement must be executed by the respondent and the
complainant. The agreement is subject to the approval of the Assistant
Secretary, who will indicate approval by signing the agreement. The
Assistant Secretary will approve an agreement and, if the Assistant
Secretary is the complainant, will execute the agreement, only if:

(i) The complainant and the respondent agree to the relief
accorded the aggrieved person;

(ii) The provisions of the agreement will adequately vindicate
the public interest; and

(iii) If the Assistant Secretary is the complainant, all
aggrieved persons named in the complaint are satisfied with the relief
provided to protect their interests.

(2) The General Counsel may issue a charge under
§ 103.405 if the
aggrieved person and the respondent have executed a conciliation
agreement that has not been approved by the Assistant Secretary.

[Codified to 24 C.F.R.
§ 103.310]

§ 103.315 Relief sought for aggrieved persons.

(a) The following types of relief may be sought for aggrieved
persons in conciliation:

(1) Monetary relief in the form of damages, including damages
caused by humiliation or embarrassment, and attorney fees;

(2) Other equitable relief including, but not limited to, access
to the dwelling at issue, or to a comparable dwelling, the provision of
services or facilities in connection with a dwelling, or other specific
relief; or

(3) Injunctive relief appropriate to the elimination of
discriminatory housing practices affecting the aggrieved person or
other persons.

(b) The conciliation agreement may provide for binding arbitration
of the dispute arising from the complaint. Arbitration may award
appropriate relief as described in paragraph (a) of this section. The
aggrieved person and the respondent may, in the conciliation agreement,
limit the types of relief that may be awarded under binding
arbitration.

[Codified to 24 C.F.R. § 103.315]

§ 103.320 Provisions sought for the public interest.

The following are types of provisions may be sought for the
vindication of the public interest:

(a) HUD may terminate its efforts to conciliate the complaint if
the respondent fails or refuses to confer with HUD; the aggrieved
person or the respondent fail to make a good faith effort to resolve
any dispute; or HUD finds, for any reason, that voluntary agreement is
not likely to result.

(b) Where the aggrieved person has commenced a civil action under
an Act of Congress or a State law seeking relief with respect to the
alleged discriminatory housing practice, and the trial in the action
has commenced, HUD will terminate conciliation unless the court
specifically requests assistance from the Assistant Secretary.

[Codified to 24 C.F.R.
§ 103.325]

§ 103.330 Prohibitions and requirements with respect to
disclosure of information obtained during conciliation.

(a) Except as provided in paragraph (b) of this section and
§ 103.230(c), nothing
that is said or done in the course of conciliation under this part may
be made public or used as evidence in a subsequent administrative
hearing under part 180 or
in civil actions under title VIII of the Fair Housing Act, without the
written consent of the persons concerned.

(b) Conciliation agreements shall be made public, unless the
aggrieved person and respondent request nondisclosure and the Assistant
Secretary determines that disclosure is not required to further the
purposes of the Fair Housing Act. Notwithstanding a determination that
disclosure of a conciliation agreement is not required, the Assistant
Secretary may publish tabulated descriptions of the results of all
conciliation efforts.

HUD may, from time to time, review compliance with the terms of any
conciliation agreement. Whenever HUD has reasonable cause to believe
that a respondent has breached a conciliation agreement, the Assistant
Secretary shall refer the matter to the Attorney General with a
recommendation for the filing of a civil action under section 814(b)(2)
of the Fair Housing Act for the enforcement of the terms of the
conciliation agreement.

(a) If a conciliation agreement under
§ 103.310 has not been
executed by the complainant and the respondent and approved by the
Assistant Secretary, the Assistant Secretary shall conduct a review of
the factual circumstances revealed as part of HUD's
investigation.

(1) If the Assistant Secretary for Fair Housing and Equal
Opportunity determines that based on the totality of factual
circumstances known at the time of the Assistant Secretary's review, no
reasonable cause exists to believe that a discriminatory housing
practice has occurred or is about to occur the Assistant Secretary
shall: Issue a short and plain written statement of the facts upon
which the Assistant Secretary has based the no reasonable cause
determination; dismiss the complaint; notify the aggrieved person and
the respondent of the dismissal (including the written statement of
facts) by mail; and make public disclosure of the dismissal. The
respondent may request that no public disclosure be made.
Notwithstanding such a request, the fact of dismissal, including the
names of the parties, shall be public information available on request.
The Assistant Secretary's determination shall be based solely upon the
facts concerning the alleged discriminatory housing practice provided
by complainant and respondent and otherwise disclosed during the
investigation. In making this determination, the Assistant Secretary
shall consider whether the facts concerning the alleged discriminatory
housing practice are sufficient to warrant the initiation of a civil
action in federal court.

(2) If, based on the totality of the factual circumstances known
at the time of the decision, the Assistant Secretary believes that
reasonable cause may exist to believe that a discriminatory housing
practice has occurred or is about to occur, the Assistant Secretary
shall determine that reasonable cause exists to believe that a
discriminatory housing practice has occurred or is about to occur, in
all cases not involving the legality of local land use laws or
ordinances (except as provided in paragraph (b) of this section). The
Assistant Secretary's determination shall be based solely on the facts
concerning the alleged discriminatory housing practices provided by
complainants and respondents and otherwise identified during the
investigation in making this determination. In making this
determination, the Assistant Secretary shall consider whether the facts
concerning the alleged discriminatory housing practice are sufficient
to warrant the initiation of a civil action in federal court.

(i) If the Assistant Secretary determines that reasonable cause
exists, the Assistant Secretary, upon receipt of concurrence of the
General Counsel, will issue such determination and direct the issuance
of a charge under § 103.405 on behalf of the aggrieved person, and
shall notify the complainant and the respondent of this determination
by certified mail or personal service.

(ii) If the Assistant Secretary determines that no reasonable
cause exists, the Assistant Secretary shall: Issue a short and plain
written statement of the facts upon which the Assistant Secretary has
based the no reasonable cause determination; dismiss the complaint;
notify the complainant and the respondent of the dismissal (including
the written statement of facts) by mail; and make public disclosure of
the dismissal. The complainant or respondent may request that no public
disclosure be made. Notwithstanding such a request, the fact of
dismissal, including the names of the parties, shall be public
information available on request.

(3) If the Assistant Secretary determines that the matter
involves the legality of local zoning or land use laws or ordinances,
the Assistant Secretary, in lieu of making a determination regarding
reasonable cause, shall refer the investigative material to the
Attorney General for appropriate action under section 814(b)(1) of the
Fair Housing Act, and shall notify the complainant and the respondent
of this action by mail or personal service.

(b) The Assistant Secretary may not issue a charge under paragraph
(a) of this section regarding an alleged discriminatory housing
practice, if an aggrieved person has commenced a civil action under an
Act of Congress or a state law seeking relief with respect to the
alleged housing practice and the trial in the action has commenced. If
a charge may not be issued because of the commencement of such a trial,
the Assistant Secretary shall so notify the complainant and the
respondent by certified mail or personal service.

(c)(1) A determination of reasonable cause or no reasonable cause by
the Assistant Secretary shall be made within 100 days after filing of
the complaint (or where the
Assistant Secretary has
reactivated a complaint, within 100 days after service of the notice of
reactivation under
§ 103.115), unless it is
impracticable to do so.

(2) If the Assistant Secretary is unable to make the
determination within the 100-day period specified in paragraph (c)(1)
of this section, the Assistant Secretary will notify the complainant
and the respondent by mail of the reasons for the delay.

(1) Shall consist of a short and plain written statement of the
facts upon which the Assistant Secretary has found reasonable cause to
believe that a discriminatory housing practice has occurred or is about
to occur;

(2) Shall be based on the final investigative report; and

(3) Need not be limited to facts or grounds that are alleged in
the complaint filed under subpart B of this part. If the charge is
based on grounds that are not alleged in the complaint, HUD will not
issue a charge with regard to the grounds unless the record of
investigation demonstrates that the respondent has been given notice
and an opportunity to respond to the allegation.

(b) Within three business days after the issuance of the charge,
the General Counsel shall:

(1) Obtain a time and place for hearing from the Docket Clerk for
the Office of Administrative Law Judges;

(2) File the charge along with the notifications described in 24
CFR 180.410(b) with the Office of Administrative Law Judges;

(3) Serve the charge and notifications in accordance with 24 CFR
180.410(a); and

(a) If a charge is issued under § 103.405, a complainant
(including the Assistant Secretary, if HUD filed the complaint), a
respondent, or an aggrieved person on whose behalf the complaint is
filed may elect, in lieu of an administrative proceeding under
24 CFR part 180, to have
the claims asserted in the charge decided in a civil action under
section 812(o) of the Fair Housing Act.

(b) The election must be made not later than 20 days after the
receipt of service of the charge, or in the case of the Assistant
Secretary, not later than 20 days after service. The notice of election
must be filed with the Docket Clerk in the Office of Administrative Law
Judges and served on the General Counsel, the Assistant Secretary, the
respondent, and the aggrieved persons on whose behalf the complaint was
filed. The notification will be filed and served in accordance with the
procedures established under 24 CFR part 180.

(c) If an election is not made under this section, the General
Counsel will maintain an administrative proceeding based on the charge
in accordance with the procedures under 24 CFR part 180.

(d) If an election is made under this section, the General Counsel
shall immediately notify and authorize the Attorney General to commence
and maintain a civil action seeking relief under section 812(o) of the
Fair Housing Act on behalf of the aggrieved person in an
appropriate United
States District Court. Such notification and authorization shall
include transmission of the file in the case, including a copy of the
final investigative report and the charge, to the Attorney General.

(e) The General Counsel shall be available for consultation
concerning any legal issues raised by the Attorney General as to how
best to proceed in the event that a new court decision or newly
discovered evidence is regarded as relevant to the reasonable cause
determination.

(a) If at any time following the filing of a complaint, the General
Counsel concludes that prompt judicial action is necessary to carry out
the purposes of this part or 24 CFR part 180, the General Counsel may
authorize the Attorney General to commence a civil action for
appropriate temporary or preliminary relief pending final disposition
of the complaint. To ensure the prompt initiation of the civil action,
the General Counsel will consult with the Assistant Attorney General
for the Civil Rights Division before making the determination that
prompt judicial action is necessary. The commencement of a civil action
by the Attorney General under this section will not affect the
initiation or continuation of proceedings under this part or
administrative proceedings under part 180.

(b) If the General Counsel has reason to believe that a basis
exists for the commencement of proceedings against the respondent under
section 814(a) of the Fair Housing Act (Pattern or Practice Cases),
proceedings under section 814(c) of the Fair Housing Act (Enforcement
of Subpoenas), or proceedings by any governmental licensing or
supervisory authorities, the General Counsel shall transmit the
information upon which that belief is based to the Attorney General and
to other appropriate authorities.

In addition to the actions described in § 103.500, HUD may pursue
one or more of the following courses of action:

(a) Refer the matter to the Attorney General for appropriate action
(e.g., enforcement of criminal penalties under section 811(c) of the
Act).

(b) Take appropriate steps to initiate proceedings leading to the
debarment of the respondent under 2 CFR part 2424, or initiate other
actions leading to the imposition of administrative sanctions where HUD
determines that such actions are necessary to the effective operation
and administration of federal programs or activities.

(c) Take appropriate steps to initiate proceedings under:

(1) 24 CFR part 1, implementing Title VI of the Civil Rights Act
of 1964;

(2) 24 CFR 570.912, implementing section 109 of the Housing and
Community Development Act of 1974;

In accordance with section 808(d) and (e) of the Fair Housing Act
and Executive Order No. 12259, other Federal agencies, including any
agency having regulatory or supervisory authority over financial
institutions, are responsible for ensuring that their programs and
activities relating to housing and urban development are administered
in a manner affirmatively to further the goal of fair housing, and for
cooperating with the Assistant Secretary in furthering the purposes of
the Fair Housing Act.